Based on research from the US Consumer Product Safety Commission (CPSC), unsafe or defective products cause 21,400 deaths and 29.4 million injuries yearly. From the exploding Coca-Cola case to the McDonald’s hot coffee case and the 2002 Phillip Morris case, the law archive is filled with several high-profile product liability lawsuits that can help plaintiffs set a precedent for their case.
Product liability is the legal theory that holds manufacturers, designers, and distributors responsible for a defective product. The lawsuit gives plaintiffs a right to sue the manufacturing company for negligence in the product’s design, manufacturing, or marketing and be compensated for their loss. Speak with a lawyer to know more about product liability lawsuits.
How to File a Product Liability Lawsuit | Step-by-Step Guide
Have you suffered an injury or loss because of a product default? Follow our guide to file a product liability lawsuit against the manufacturer.
Step 01: Determining If Your Claim Is Valid
Before you take your case to court, it is important to determine whether your product Liability Lawsuit claim is valid or not. To establish the validity of your case, you will need to figure out whether the accident was because of a defect in manufacturing, design, or marketing. You must also prove that the default caused the injury.
Step 02: Gathering Evidence to Support Your Case
Once you’ve determined the validity of your product liability claim, you must gather evidence to support the defect. The evidence can include defective products, photographs, videos, medical records, and eyewitness testimonies. You should have to prove that the injury was caused by the defective product and not your own negligence.
Pro-Tip: You can also look for people who have suffered the same loss and request them to testify on your behalf.
Step 03: Finding an Experienced Lawyer
Filing a product liability claim and fighting for the claim can be challenging. Therefore, hiring a reliable and experienced personal injury lawyer is recommended to help you out. A lawyer will fight the case on your behalf, help you understand the complex terms and conditions, and find a way around the defendant’s case, ensuring that the judge decides in your favor.
Step 04: Filing a Complaint with the State or Federal Court of Law
In most product liability cases, the manufacturing company has already agreed to a settlement for the victims. However, you must respond by a specific time and date to get the claim. The lawyer will help you determine how much time you have to take legal action and the best course of action for your case.
If the manufacturer isn’t willing to cooperate, you must file a complaint in state or federal court. This will put pressure on the manufacturer to issue a recall for the flawed product.
Step 05: Filing a Lawsuit Against the Manufacturer
If the company is still unwilling to reach a settlement, you might need to file a product liability lawsuit against them. This is a complex and time-consuming process; therefore, you will need a lawyer by your side.
Step 06: Seeking Compensation for Injuries
According to US law, the statute of limitations for a product liability claim can vary between 2 to 6 years. If you win the product liability lawsuit, the manufacturer will compensate you for all the damages, including medical expenses, assistive device costs, lost wages, and mental anguish.
The Final Words – Negotiation is Key!
By filing a product liability lawsuit, injured consumers get legal protections. As a customer, you have the right to expect that the product is safe. However, no matter how careful you are, anything from a design defect to an improper label can lead to an accident, traumatizing you for life. Use our guide to file a product liability lawsuit and hire a lawyer to help you negotiate the best deal.
